On July 15 at 2 14 a m Officer G was working patrol and pulled into a gas station in his marked squad car As he pulled in, he observed a lone driver, who was already parked in the lot, get out of his vehicle from the driver's side and enter the gas station Officer G entered the gas station and made small talk with the driver while waiting in line with him to buy refreshments In speaking with the driver, Officer G noticed the odor of an alcoholic beverage on the driver's breath He further observed the driver to have bloodshot, watery eyes and slurred speech Officer G did not actually observe the driver driving the vehicle, nor did he conduct a traffic stop on him When he engaged the driver in conversation, his intent was not to inquire if the driver was intoxicated Does Officer G have probable cause to pursue a DWI investigation No, because Officer G did not at any time observe the driver driving, and therefore did not observe any driving conduct Because there was no development of probable cause from driving conduct, G cannot pursue a DWI investigation at this point Ye, because Officer G observed the driver get out of the driver's seat of the vehicle as he arrived at the gas station He further observed that the driver was alone at the time Although he did not conduct a traffic stop, based on that information G has probable cause to continue this investigation No, because Officer G cannot use a general conversation with the driver while in the gas station as a usable probable cause that the driver was driving under the influence The driver did not go back for an initial stop since he did not have any reason to suspect that the driver was drinking until he spoke to him in the gas station Yes, because Officer G does not need driving conduct alone to continue with a DWI investigation The time of day and all the other factors that Officer G became aware of while contacting the driver, along with G observing the driver in control of the vehicle in the parked position, is probable cause enough to continue an investigation No, because Officer G's contact with the driver in the gas station was not directly related to looking to develop further probable cause if the driver was intoxicated The conversation was general and therefore has no correlation to probable cause

The Answer is in the image, click to view ...

Answered step by step

Verified Expert Solution

Link Copied!

Question

1 Approved Answer

Posted on Jun 29, 2024

On July 15 at 2:14 a.m. Officer G was working patrol and pulled into a gas station in his marked squad car. As he pulled

On July 15 at 2:14 a.m. Officer G was working patrol and pulled into a gas station in his marked squad car. As he pulled in, he observed a lone driver, who was already parked in the lot, get out of his vehicle from the driver's side and enter the gas station. Officer G entered the gas station and made small talk with the driver while waiting in line with him to buy refreshments. In speaking with the driver, Officer G noticed the odor of an alcoholic beverage on the driver's breath. He further observed the driver to have bloodshot, watery eyes and slurred speech. Officer G did not actually observe the driver driving the vehicle, nor did he conduct a traffic stop on him. When he engaged the driver in conversation, his intent was not to inquire if the driver was intoxicated.

Does Officer G have probable cause to pursue a DWI investigation?
1. No, because Officer G did not at any time observe the driver driving, and therefore did not observe any driving conduct. Because there was no development of probable cause from driving conduct, G cannot pursue a DWI investigation at this point.
2. Ye, because Officer G observed the driver get out of the driver's seat of the vehicle as he arrived at the gas station. He further observed that the driver was alone at the time. Although he did not conduct a traffic stop, based on that information G has probable cause to continue this investigation.
3. No, because Officer G cannot use a general conversation with the driver while in the gas station as a usable probable cause that the driver was driving under the influence. The driver did not go back for an initial stop since he did not have any reason to suspect that the driver was drinking until he spoke to him in the gas station.
4. Yes, because Officer G does not need driving conduct alone to continue with a DWI investigation. The time of day and all the other factors that Officer G became aware of while contacting the driver, along with G observing the driver in control of the vehicle in the parked position, is probable cause enough to continue an investigation.
5. No, because Officer G's contact with the driver in the gas station was not directly related to looking to develop further probable cause if the driver was intoxicated.The conversation was general and therefore has no correlation to probable cause.